02of2013.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CODE OF CRIMINAL PROCEDURE (SPECIAL
PROVISIONS) ACT, No. 2 OF 2013
[Certified on 06th February, 2013]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of February 08, 2013
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 5.50 Postage : Rs. 5.00
Code of Criminal Procedure (Special Provisions) 1
Act, No. 2 of 2013
[Certified on 06th February, 2013]
L.D.–O. 51/2011.
ANACT TO PROVIDE FOR THE EXTENSION OF THE PERIOD OF DETENTION OF
PERSONS ARRESTEDWITHOUT AWARRANT IN ORDER TOFACILITATE THE
CONDUCT OFINVESTIGATIONS; FOR DISPENSING WITH THECONDUCT OF
THE NON-SUMMARY INQUIRY IN CERTAIN CASES; TO PROVIDE FOR THE
TAKING OF DEPOSITIONS OF WITNESSES FOR THE PROSECUTION; AND TO
MAKE PROVISION FOR MATTERS CONNECTEDTHEREWITH OR INCIDENTAL
THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Code of Criminal Short title.
Procedure (Special Provisions) Act, No. 2 of 2013.
2. Notwithstanding anything contained in the Code of Period of
detention of
Criminal Procedure Act, No. 15 of 1979 other than the
persons arrested
provisions of section 43 A of that Act, any peace officer shall not to be more
not detain in custody or otherwise confine a person arrested than twenty-four
hours or forty-
without a warrant for a longer period than under all the eight hours.
circumstances of the case is reasonable and such period shall
not exeed twenty-four hours exclusive of the time necessary
for the journey from the place of arrest to the presence of the
Magistrate:
Provided that, where the arrest is in relation to an offence
as is specified in the Schedule to this Act, such period of
detention in police custody may, on production before him
of the person arrested and on a certificate filed by a police
officer not below the rank of the Assistant Superintendent of
Police submitted prior to the expiration of the said period of
2—PL 006931—4,090 (01/2013)
2 Code of Criminal Procedure (Special Provisions)
Act, No. 2 of 2013
twenty-four hours, to the effect that it is necessary to detain
such person for the purpose of further investigations, be
extended upon an Order made in that behalf by the Magistrate
for a further period not exceeding twenty-four hours, so
however that the aggregate period of detention shall not
exceed forty-eight hours:
Provided further, that any person arrested and detained for
a further period shall be afforded an opportunity to consult
an Attorney-at-Law of his choice and to communicate with
any relative or friend of his choice during the period of such
detention.
Direct 3. (1) Notwithstanding anything contained in the Code
indictment in of Criminal Procedure Act, No. 15 of 1979, where there are
case of offence
committed in aggravating circumstances or circumstances that give rise to
aggravating public disquiet inconnection with the commission of an
circumstances. offence, specified in the Second Schedule to the Judicature
Act, No. 2 of 1978, it shall be lawful for the Attorney-General
to forward indictment directly to the High Court.
(2) The Attorney-General may in forwarding indictment
directly in terms of subsection (1) proceed to do so ex mero
motu or upon receipt of the relevant record from the
Magistrate.
Magistrate to 4. (1) Notwithstanding anything contained in the Code
forward record
of Criminal Procedure Act, No. 15 of 1979, where there are
to Attorney-
General. aggravating circumstances or circumstances that give rise to
public disquiet inconnection with the commission of an
offence, specified in the Second Schedule to the Judicature
Act, No. 2 of 1978, the Magistrate shall not hold a preliminary
inquiry in terms of Chapter XV of the Code of Criminal
Procedure Act, No. 15 of 1979 and shall forthwith forward
the record of the proceedings to the Attorney-General and
thereafter abide by the instructions of the Attorney-General.
Code of Criminal Procedure (Special Provisions) 3
Act, No. 2 of 2013
(2) Upon receipt of the record of the procedings by the
Magistrate in terms of subsection (1), the Attorney-General
shall–
(a) where he is of the opinion that there are
aggravating circumstances or circumstances
that give rise to public disquiet in connection
with the commission of the aforesaid offence,
forward indictment directly to the High Court;
(b) where he is of the opinion that the
circumstances do not warrant the forwarding
of direct indictment to the High Court, return
the record to the Magistrate within thirty days
of the receipt of the same and direct that a
preliminary inquiry be held in terms of Chapter
XV of the Code of Criminal Procedure Act, No.
15 of 1979.
(3) If the Magistrate proceeds to hold a preliminary inquiry
in terms of Chapter XV of the aforesaid Code, the Attorney-
General shall, call for the record of the proceedings, for the
purpose of considering the forwarding of indictment directly
to the High Court. In such an event the Magistrate shall
forthwith suspend proceedings and forward the record of the
proceedings to the Attorney-General and shall thereafter abide
by the instructions of the Attorney-General.
5. Any proceedings in terms of the provisions of this Act Proceedings to
shall be concluded within a period of ninety days from the be terminated
within ninety
date of the commencement of proceedings under Chapter
days.
XV of the Code of Criminal Procedure Act, No. 15 of 1979.
6. (1) Notwithstanding anything contained in Chapter Depositions.
XV of the Code of Criminal Procedure Act, No. 15 of 1979, in
the course of holding of an inquiry under the aforesaid
Chapter, the following provisions shall apply to the taking
of statements of persons who know the facts and circumstances
of the case.
4 Code of Criminal Procedure (Special Provisions)
Act, No. 2 of 2013
(2) Subject to the provisions of subsection (ii), the
Magistrate shall read out, or cause to be read out to every
witness produced against the accused, in the presence and
hearing of the accused, the statement made by the witness in
the course of the investigation conducted in terms of Chapter
XI of the Code of Criminal Procedure Act, No. 15 of 1979 and
shall ask the witness whether the statement is an accurate
record of what he had stated to the police.
(3) (a) If the witness states, in response to an inquiry made
of him under subsection (1), that the statement is an accurate
record of what he had stated to the police, the Magistrate
shall record that fact. The Magistrate shall permit the witness,
if the witness so desires, to make such additions or alterations
to his original statement. Every such addition or alteration
shall be recorded.
(b) The Magistrate shall not permit any cross-examination
of the witness by the accused or his pleader, but the Magistrate
may put to the witness, any clarification required by the
accused or his pleader of any matter arising from the statement
made by the witness in the course of the investigation or any
additions or alterations to his original statement if any, and
may put to the witness any clarification which the Magistrate
himself may require of any such matter. Every clarification
so made shall be recorded:
Provided that, having considered the nature of the material
contained in the statement of a witness made to the police,
the prosecution may tender the witness for cross-examination
by the accused or his pleader.
(4) The Magistrate shall thereafter read out or cause to be
read out to the witness, the statement made by the witness to
Court affirming the accuracy of the statement made by him
in the course of the investigation and the clarifications if any
made by him under subsection (2), and additions or alterations
to his original statement if any, made by him under subsection
(3), and shall require the witness to swear or affirm to the
truth of the matters recorded.
Code of Criminal Procedure (Special Provisions) 5
Act, No. 2 of 2013
(5) (a) If on the other hand, the witness states in response
to an inquiry made of him under subsection (1), that the
statement is not, in its entirety or in part, an accurate record
of what he had stated to the police, the Magistrate shall permit
the witness to give an account of the circumstances relating
to the offence, or as the case may be, to make such additions
or alterations to his original statement as the witness may
wish to make.
(b) The Magistrate shall not permit any cross-examination
of the witness by the accused or his pleader but the Magistrate
may put to the witness, any clarification required by the
accused or his pleader of any matter arising from the account
given, or additions or alterations made by the witness or may
put to the witness any clarification that the Magistrate himself
may rquire of any such matter:
Provided that, having considered the nature of the material
contained in the statement of a witness made to the police,
the prosecution may tender the witness for cross-examination
by the accused or his pleader.
(c) The Magistrate shall record the account given, or the
additions or alterations made by the witness under paragraph
(a) and any clarifiactions made by the witness under paragraph
(b) and read out the same or cause the same to be read out to
the witness and shall require the witness to swear or affirm to
the truth of the matter so recorded.
(6) Before a witness is produced against the accused, the
Magistrate shall permit the accused or his pleader to peruse
in open court, the statement made by that witness to the
Police in the course of the investigation.
(7) The Magistrate shall sign, and shall cause the witness
to sign a certified copy of the statement made by the witness
to the Police in the course of the investigation and cause the
same to be filed of record. The copy so filed shall for all
puposes form part of the record of the inquiry.
6 Code of Criminal Procedure (Special Provisions)
Act, No. 2 of 2013
(8) The Magistrate shall not summon an expert witness
or a police officer but shall cause the report of such expert
witness or the affidavit of such police officer, as the case may
be, to be produced and filed of record:
Provided that, the Magistrate may, for reasons to be
recorded and in the case of an expert witness, with the prior
sanction of the Attornery-General summon an expert witness
or police officer to be present in Court for examination.
(9) Where an expert witness or a police officer appears in
Court in response to summons issued on him under subsection
(8) the Magistrate shall not permit any cross-examination of
such expert witness or police officer by the accused or his
pleader but may put to such expert witness or police officer,
any clarifications that the accused or his pleader may require,
of any matter arising from the report of the expert witness or
the affidavit of the police officer, as the case may be, or from
the examination of such expert witness or police officer, as
the case may be and the Magistrate may himself put to the
witness any clarification that he may require of any such
matter. Every clarification so made shall be recorded.
(10) A statement made by an expert witness or police
officer and the deposition made by a witness tendered for
cross-examination under this section, shall be deemed to be
admissible in evidence in terms of section 33 of the Evidence
Ordinance (Chapter 14).
(11) (a) Where the accused—
(i) is absconding or has left the island; or
(ii) is unable to attend or remain in Court by
reason of illness and has consented either
to the commencement or continuance of
the inquiry in his absence, such inquiry
may commence or continue without
prejudice to him; or
Code of Criminal Procedure (Special Provisions) 7
Act, No. 2 of 2013
(iii) by reason of his conduct in Court is
obstructing or impeding the progress of the
inquiry,
the Magistrate may, if satisfied of these facts, commence and
proceed or continue with the inquiry in the absence of the
accused.
(b) An Attorney-at-Law may appear for such absent
accused.
(c) The inquiry shall proceed as far as is practicable
in accordance with the provisions of this Act
except that the provisions of section 416 of the
Code of Criminal Procedure Act, No. 15 of 1979
shall not apply to the depositions recorded
where there is a trial on indictment in the High
Court whether the accused is present in the High
Court or not.
(12) The statement made by a witness to the police in the
course of the investigation together with, his statement and
clarifications, if any, recorded under subsection (3) or the
additions, alterations and clarifications made and recorded
under subsection (4) or the account given and recorded
under subsection (5), shall be regarded for the purposes of
this Act, as the deposition of that witness.
(13) Every witness produced against the accused at the
inquiry shall be entitled to be represented by an Attorney-
at-Law.
(14) If after the conclusion of the procedure set out above,
the Magistrate does not consider that the case should be
dealt with in accordance with the provisions of section 153
of the Code of Criminal Procedure Act, No. 15 of 1979, the
Magistrate shall read the charge to the accused and explain
the nature thereof in ordinary language and inform him that
he has a right to call witnesses and, if he so desires to give
evidence on his own behalf.
8 Code of Criminal Procedure (Special Provisions)
Act, No. 2 of 2013
(15) The provisions of Chapter XV of the Code of
Criminal Procedure Act, No. 15 of 1979 shall mutatis
mutandis apply to any preliminary inquiry held under the
provisions of this Act.
Duration of the 7. (1) The provisions of this Act shall be in operation for
Act.
a period of two years commencing from the date of coming
into operation of this Act.
(2) The Minister may, at any time within one month prior
to the expiration of the period of operation of this Act, by
Order published in the Gazette, extend for a further period
the operation of the Act, so however that the aggregate period
of any one extension shall not exceed two years from the
date of the extension so granted.
(3) The Order made under subsection (2) shall be
operative when the signature of the Minister is affixed thereto
and every such Order shall be published in the Gazette.
(4) Every Order made under subsection (3) shall be placed
before Parliament within three months from the date of
publication of such Order in the Gazette.
(5) A notification specifying of the date on which
Parliament has approved the Order shall be published in the
Gazette.
Validation.
8. Where during the period commencing on May 31,
2009 and ending on the date of the coming into operation of
this Act, any power, duty or function was exercised,
performed or discharged by any person to whom such
power, duty or function was assigned by or under Criminal
Procedure (Special Provisions) Act, No. 42 of 2007, such
power, duty or function which was so exercised, performed
or discharged, shall, notwithstanding that the provisions of
the said Criminal Procedure (Special Provisions) Act, No. 42
of 2007 was not in operation during the that period, be
deemed to have been validly exercised, performed or
discharged, as if the said Act was in operation during such
period:
Code of Criminal Procedure (Special Provisions) 9
Act, No. 2 of 2013
Provided that, the aforesaid provisions of this section
shall not affect any decision or Order made by any Court in
respect of any detention made during the period within which
the said Act is so deemed to have been in operation.
9. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case
of inconsistency.
Schedule
(Section 2)
Column I Column II
1. Abetment of an offence set out in
the Schedule, if the act abetted is
committed. Section 102-Penal Code
2. Conspiracy for the abetment or
commission of any offence set out
in the Schedule. Section 113B-Penal Code
3. Murder. Section 296-Penal Code
4. Culpable Homicide not amounting
to murder. Section 297-Penal Code
5. Attempt to commit murder. Section 300-Penal Code
6. Kidnapping or abduction to commit
murder. Section 355-Penal Code
7. Kidnapping or abduction with
intent to wrongfully confine a
person. Section 356-Penal Code
8. Kidnapping or abduction with
intent to wrongfully subject
person to grievous hurt. Section 358-Penal Code
9. Concealing or keeping in
confinement
a kidnapped person. Section 359-Penal Code
10. Rape. Section 364-Penal Code
11. Theft, preparation having being
made to cause death &c. Section 371-Penal Code
10 Code of Criminal Procedure (Special Provisions)
Act, No. 2 of 2013
12. Robbery with attempt to cause
death or grievous hurt. Section 383-Penal Code
13. Attempt to commit robbery when
armed with deadly weapon. Section 384-Penal Code
14. Attempt to commit any of the
above offences. Section 490-Penal Code
15. An offence committed with the Explosive as defined in the
use of explosives, an Explosives Act (Chapter
offensive weapon or a gun. 183); offensive weapon
as defined in the
Offensive Weapons
Act, No. 18 of 1966 and
a Gun as defined in the
Firearms Ordinance
(Chapter 182)
Code of Criminal Procedure (Special Provisions) 11
Act, No. 2 of 2013
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